Steven L. Fox, December 3, 1990

DAVE FROHNMA YER JAMES E. MOUNTAIN. JR.
ATIORNEY GENERAL
STATE OF OREGON
Steven L. Fox
Box # 12498
DEPARTMENT OF JUSTICE
Justice Building
Salem, Oregon 97310
Telephone: 15031 378-4400
December 3, 1990
3405 Deer Park Drive, SE
salem, OR 97310
Re: Request For Public Records Disclosure Order,
Oregon state correctional Institution Records
Dear Mr. Fox:
DEPUTY ATTORNEY GENERAL
This letter is the Attorney General's order on your
petition for disclosure of records under the Oregon Public
Records Law, ORS 192.410 to 192.505. Your petition, which we
received on November 26, 1990, asks the Attorney General to
order the oregon state Correctional Institution (OSCI) to make
available to you copies of the following records:
"1.) A complete movement sheet of moves I made while
here at OSCI,
2.) Any grievance forms I sent to Mr. Hoffmaster
during 01-09-89 through 7-03-90 (any and all):
3.) Any kytes I sent to Mr. Bradford, the Receiving
Room Officer, carl Zenon, and any Lieutenants or
captains at OSCI concerning lost property at
OSP:
4.) A copy of all misconduct reports wrote on
myself. •
In a cover letter attached to your petition, you state
that you sent a written request for the records to OSCI
superintendent Zenon on October 29, 1990, and that
Superintendent Zenon denied your request. You have failed to
provide us, however, with a copy of the response you claim was
Steven L. FOX
Page 2
December 3, 1990
sent to you by Superintendent Zenon. Contrary to your
representation, OSCI informs us that it has received no written
request from you for the documents you seek. Moreover, in
reviewing our file concerning this petition for public records,
it appears that you sent to us your original signed request for
public records addressed to superintendent Zenon, dated October
29, 1990.
As you know from our prior orders on your previous
petitions for public records, we have no authority to order a
state agency to disclose public records until the agency has
denied a proper request for records. See ORS 192.450(1).
Accordingly, because OSCI did not deny-a-proper request for
records, we must deny your petition as premature.
If you submit a proper request for records to OSCI,
pursuant to the procedures we have previously explained to you,
OSCI will promptly act on that request.
PLA:JVV:bjs/3086G
c: carl Zenon, superintendent
V<J:;f{---<(
PAMELA L. ABERNETHY ~
Special counsel to the
Attorney General
Oregon State Correctional Institution
3405 Deer Park Drive, SE
Salem, OR 97310

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DAVE FROHNMA YER JAMES E. MOUNTAIN. JR.
ATIORNEY GENERAL
STATE OF OREGON
Steven L. Fox
Box # 12498
DEPARTMENT OF JUSTICE
Justice Building
Salem, Oregon 97310
Telephone: 15031 378-4400
December 3, 1990
3405 Deer Park Drive, SE
salem, OR 97310
Re: Request For Public Records Disclosure Order,
Oregon state correctional Institution Records
Dear Mr. Fox:
DEPUTY ATTORNEY GENERAL
This letter is the Attorney General's order on your
petition for disclosure of records under the Oregon Public
Records Law, ORS 192.410 to 192.505. Your petition, which we
received on November 26, 1990, asks the Attorney General to
order the oregon state Correctional Institution (OSCI) to make
available to you copies of the following records:
"1.) A complete movement sheet of moves I made while
here at OSCI,
2.) Any grievance forms I sent to Mr. Hoffmaster
during 01-09-89 through 7-03-90 (any and all):
3.) Any kytes I sent to Mr. Bradford, the Receiving
Room Officer, carl Zenon, and any Lieutenants or
captains at OSCI concerning lost property at
OSP:
4.) A copy of all misconduct reports wrote on
myself. •
In a cover letter attached to your petition, you state
that you sent a written request for the records to OSCI
superintendent Zenon on October 29, 1990, and that
Superintendent Zenon denied your request. You have failed to
provide us, however, with a copy of the response you claim was
Steven L. FOX
Page 2
December 3, 1990
sent to you by Superintendent Zenon. Contrary to your
representation, OSCI informs us that it has received no written
request from you for the documents you seek. Moreover, in
reviewing our file concerning this petition for public records,
it appears that you sent to us your original signed request for
public records addressed to superintendent Zenon, dated October
29, 1990.
As you know from our prior orders on your previous
petitions for public records, we have no authority to order a
state agency to disclose public records until the agency has
denied a proper request for records. See ORS 192.450(1).
Accordingly, because OSCI did not deny-a-proper request for
records, we must deny your petition as premature.
If you submit a proper request for records to OSCI,
pursuant to the procedures we have previously explained to you,
OSCI will promptly act on that request.
PLA:JVV:bjs/3086G
c: carl Zenon, superintendent
V